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ashok (retired)     25 April 2012

Is it mandatory to go to police under dv act by a wife

sir, if a legally wedded woman(HMA) is kicked out from her  joint in laws family house by her husband leaving behind her child, is it mandatory to lodge complaint with police or can she directly moves the court of law from her place of parerental house?

 



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 4 Replies

Adv Aileen Marques (Lawyer)     07 May 2012

It is not necessary to approach the police.

Adv. Chandrasekhar (Advocate)     07 May 2012

Under DV Act, there are three methods to file a complaint.  1) to file a complaint before police, who in return may send it to CAW cell for mediation failing which for reference to the court.  2) to approach the service provider (recognized NGO in the area under DV Act 3) to approach directly to the first class magistrated by filing application under Sectin 12 of the Act along with interim relief application.  I suggest the third option, which is convenient and quick.  She can file application where the marriage was held or where the parties last resided together or where respondents live or where the aggrieved wife is living at the time of filing the application.  Generally, most women opt the fourth option, the place where they are staying at the time filing the application. 

Ranee....... (NA)     12 May 2012

nice reply by chandu sir in simple language.

rajiv_lodha (zz)     12 May 2012

Going to police is not necessary as ld member has said. DV act is the appropriate remedy. But before launching this weapon, try some elders meeting to know the real cause of such trouble.

Some relationships move to point of no return if legal weapon is launched UNTIMEY!

Rest is ur own call

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